Free Speech in Illinois

Free Speech in Illinois

Free Speech in Illinois

Ratified more than 200 years ago, the First Amendment to the U.S. Constitution makes this statement:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

While the First Amendment seems straightforward, and its power is significant and far-reaching, it does not automatically protect every written or spoken word. A typical example is when a person makes public false statements to harm the reputation of another. These statements can be fought under libel or slander laws.

Freedom of speech in the news

The Illinois courts have seen a wide variety of cases pertaining to freedom of speech. The following are just a few examples that are significant enough to have made the news:

In 2004, citizens filed suit after they were denied a "Choose Life" license plate. In the end, their case was denied by the Illinois Supreme Court.

In the 1970s, the American Civil Liberties Union fought and won against the city of Skokie (a largely Jewish community containing many Holocaust survivors) when the city tried to stop an anti-Jewish demonstration by a neo-Nazi group.

Many cases relate to comments made on social networking sites. As recently as September 2009, a mother filed a lawsuit because her son's peers created a bogus Facebook page in his name, intending to damage his reputation. This case has not yet been resolved.

The growing impact of technology

As technology continues to advance, the freedom of speech laws see new tests, because technology seems to give more people the power to quickly disseminate information to large groups:

Teens send pictures and information to their peers

Blogs provide a means to make information instantly available to millions of people

Social networking sites seem to be fraught with danger in terms of disseminating false information

The freedom of speech laws are more complex than they first appear to be. Individuals who have been victims of false information or who face charges that can be defended as freedom of speech need the legal advice and support of an experienced free speech attorney to get the best possible results for their case.

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